McCann v. Bryon L. Rosquist, D.C., P.C.

F I L E D
United States Court of Appeals
Tenth Circuit

JUN 19 2001
UNITED STATES COURT OF APPEALS
PATRICK FISHER
Clerk
TENTH CIRCUIT

MELANIE MCCANN, NOELE
NELSON, LISA NIELSON,

Plaintiffs - Appellants,
v.
No. 98-4049
BRYON L. ROSQUIST, D.C., P.C., a
Utah corporation; BRYON L.
ROSQUIST, individually,

Defendants - Appellees.

OPINION ON REMAND

Appeal from the United States District Court
for the District of Utah
(D.C. No. 97-CV-535-S)

Larry S. Jenkins (Mary Anne Q. Wood, with him on the briefs), Wood Crapo
LLC, Salt Lake City, Utah, for the Plaintiffs - Appellants.

Brent O. Hatch, Johnson & Hatch, P.C., Salt Lake City, Utah, for the
Defendants - Appellees.

Before LUCERO and PORFILIO, Circuit Judges, and COOK *, District Judge.

The Honorable H. Dale Cook, United States Senior District Judge for the
*

Northern District of Oklahoma, sitting by designation.
LUCERO, Circuit Judge.

In United States v. Morrison , 120 S. Ct. 1740, 1759 (2000), the Supreme

Court invalidated the Civil Rights Remedies for Gender-Motivated Violence Act,

42 U.S.C. § 13981, the civil liability provision of the Violence Against Women

Act of 1994. The Court subsequently granted certiorari and vacated and

remanded this case for further consideration in light of Morrison . Following

Morrison , we must affirm the district court’s dismissal of the instant action based

on the Supreme Court’s invalidation of the underlying statute. The judgment of

the district court is therefore AFFIRMED .

The mandate shall issue forthwith.

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